Full Text of SB3722 97th General Assembly
SB3722ham002 97TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 5/21/2012
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| 1 | | AMENDMENT TO SENATE BILL 3722
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3722, AS AMENDED, | 3 | | with reference to page and line numbers of House Amendment No. | 4 | | 1 as follows: | 5 | | on page 1, by replacing line 6 with the following: | 6 | | "9-8.5, 9-8.6, 9-10, 9-15, 9-28.5, 16-6, 18A-5, 18A-15, 19-2.1, | 7 | | 19-3, and 19A-15"; and | 8 | | on page 1, by replacing lines 9 through 11 with the following: | 9 | | " Sec. 1-11. Public university voting. For the 2012 general | 10 | | election, each appropriate election authority shall, in | 11 | | addition to the early voting conducted at locations otherwise | 12 | | required by law, conduct early voting in a "; and | 13 | | on page 2, by replacing lines 3 through 7 with the following: |
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| 1 | | " University at its campuses in Macomb and Moline. The voting | 2 | | required by this Section to be conducted on campus must be | 3 | | conducted as otherwise required by Article 19A of this Code. If | 4 | | an election authority has voting equipment that can accommodate | 5 | | a ballot in every form required in the election authority's | 6 | | jurisdiction, then the election authority shall extend early | 7 | | voting under this Section to any registered voter in the | 8 | | election authority's jurisdiction. However, if the election | 9 | | authority does not have voting equipment that can accommodate a | 10 | | ballot in every form required in the election authority's | 11 | | jurisdiction, then the election authority may limit early | 12 | | voting under this Section to registered voters in precincts | 13 | | where the public university is located and precincts bordering | 14 | | the university. Each public "; and | 15 | | on page 10, by replacing line 16 with the following: | 16 | | " group of persons that makes electioneering communications | 17 | | that are not made in connection, consultation, or concert with | 18 | | or at the request or suggestion of a public official or | 19 | | candidate, a public official's or candidate's designated | 20 | | political committee or campaign, or an agent or agents of the | 21 | | public official, candidate, or political committee or | 22 | | campaign "; and |
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| 1 | | on page 14, line 13, immediately after the period, by inserting | 2 | | " This subsection does not apply to independent expenditure | 3 | | committees. "; and | 4 | | on page 20, by replacing lines 12 and 13 with the following: | 5 | | "(e) A ballot initiative committee may accept | 6 | | contributions in any amount"; and | 7 | | on page 20, immediately below line 16, by inserting the | 8 | | following: | 9 | | " (e-5) An independent expenditure committee may accept | 10 | | contributions in any amount from any source, provided that the | 11 | | committee files the document required by Section 9-3 of this | 12 | | Article and files the disclosure reports required by the | 13 | | provisions of this Article. "; and | 14 | | on page 22, by replacing line 4 with the following: | 15 | | " committee makes independent expenditures in support of or in | 16 | | opposition to the "; and | 17 | | on page 24, by replacing lines 13 and 14 with the following: | 18 | | "in this subsection within 30 15 days after the Board sends |
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| 1 | | notification to the political committee of the excess | 2 | | contribution by certified mail "; and | 3 | | on page 30, by replacing line 14 with the following: | 4 | | " threshold. The Board shall assess a civil penalty against an | 5 | | independent expenditure committee for failure to file the | 6 | | disclosure required by this subsection not to exceed (i) $500 | 7 | | for an initial failure to file the required disclosure and (ii) | 8 | | $1,000 for each subsequent failure to file the required | 9 | | disclosure. "; and | 10 | | on page 32, by replacing lines 6 and 7 with the following: | 11 | | " (10) to promptly send, by first class mail directed | 12 | | only to the officers of a political committee, and by | 13 | | certified mail to the address of the political committee, | 14 | | written notice of "; and | 15 | | on page 32, immediately below line 10, by inserting the | 16 | | following:
| 17 | | "(10 ILCS 5/9-28.5)
| 18 | | Sec. 9-28.5. Injunctive relief for electioneering | 19 | | communications. | 20 | | (a) Whenever the Attorney General, or a State's Attorney |
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| 1 | | with jurisdiction over any portion of the relevant electorate, | 2 | | believes that any person, as defined in Section 9-1.6, is | 3 | | making, producing, publishing, republishing, or broadcasting | 4 | | an electioneering communication paid for by any person, as | 5 | | defined in Section 9-1.6, who has not first complied with the | 6 | | registration and disclosure requirements of this Article, he or | 7 | | she may bring an action in the name of the People of the State | 8 | | of Illinois or, in the case of a State's Attorney, the People | 9 | | of the County, against such person or persons to restrain by | 10 | | preliminary or permanent injunction the making, producing, | 11 | | publishing, republishing, or broadcasting of such | 12 | | electioneering communication until the registration and | 13 | | disclosure requirements have been met. | 14 | | (b) Any political committee that believes any person, as | 15 | | defined in Section 9-1.6, is making, producing, publishing, | 16 | | republishing, or broadcasting an electioneering communication | 17 | | paid for by any person, as defined in Section 9-1.6, who has | 18 | | not first complied with the registration and disclosure | 19 | | requirements of this Article may bring an action in the circuit | 20 | | court against such person or persons to restrain by preliminary | 21 | | or permanent injunction the making, producing, publishing, | 22 | | republishing, or broadcasting of such electioneering | 23 | | communication until the registration and disclosure | 24 | | requirements have been met. | 25 | | (c) Whenever the Attorney General, or a State's Attorney | 26 | | with jurisdiction
over any portion of the relevant electorate, |
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| 1 | | believes that any person, as
defined in Section 9-1.6, is | 2 | | engaging in independent expenditures,
as defined in this | 3 | | Article, who has not first complied with the registration
and | 4 | | disclosure requirements of this Article, he or she may bring an | 5 | | action
in the name of the People of the State of Illinois or, | 6 | | in the case of a
State's Attorney, the People of the County, | 7 | | against such person or persons
to restrain by preliminary or | 8 | | permanent injunction the making of such expenditures
until the | 9 | | registration and disclosure requirements have been met. | 10 | | (d) Any political committee that believes any person, as | 11 | | defined in
Section 9-1.6, is engaging in independent | 12 | | expenditures, as defined in
this Article, who has not first | 13 | | complied with the registration and disclosure
requirements of | 14 | | this Article may bring an action in the circuit court against
| 15 | | such person or persons to restrain by preliminary or permanent | 16 | | injunction
the making of independent expenditures until the | 17 | | registration and disclosure
requirements have been met.
| 18 | | (Source: P.A. 96-832, eff. 7-1-10 .)
| 19 | | (10 ILCS 5/16-6) (from Ch. 46, par. 16-6)
| 20 | | Sec. 16-6.
Whenever one or more proposals for amendment of | 21 | | the
constitution or the calling of a constitutional convention | 22 | | or any
combination thereof is or are to be voted upon by the | 23 | | people, the
proposition or propositions for the adoption or | 24 | | rejection of such
amendment or amendments or convention shall | 25 | | be submitted upon a ballot
separate from the "Official Ballot" |
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| 1 | | containing the names of candidates
for State and other offices | 2 | | to be voted at such election. Such separate
ballot shall be | 3 | | printed upon paper of a distinctly blue color and shall,
as | 4 | | near as may be practicable, be of uniform size and blue color, | 5 | | but
any variation in the size of such ballots or in the | 6 | | tincture of blue
employed shall not affect or impair the | 7 | | validity thereof. Preceding
each proposal to amend the | 8 | | constitution shall be printed the brief
explanation of the | 9 | | amendment, prepared by the General Assembly, or in the
case of | 10 | | a proposed amendment initiated by petition pursuant to Section
| 11 | | 3 of Article XIV of the Constitution of the State of Illinois | 12 | | by the principal
proponents of the amendment as approved by the | 13 | | Attorney General, and
immediately below the explanation, the | 14 | | proposition shall be printed in
substantially the following | 15 | | form:
| 16 | | -------------------------------------------------------------
| 17 | | YES For the proposed amendment
- | 18 | | ---------- to Article ______ (or Section
| 19 | | NO _______ of Article ______) of
| 20 | | the Constitution.
| 21 | | -------------------------------------------------------------
| 22 | | In the case of a proposition for the calling of a | 23 | | constitutional
convention, such proposition shall be printed | 24 | | in substantially the
following form:
| 25 | | -------------------------------------------------------------
| 26 | | YES For the calling
- |
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| 1 | | ---------- of a Constitutional
| 2 | | NO Convention.
| 3 | | -------------------------------------------------------------
| 4 | | On the back or outside of the ballot so as to appear when | 5 | | folded,
shall be printed the words "CONSTITUTION BALLOT", | 6 | | followed by the
designation of the polling place for which the | 7 | | ballot is prepared, the
date of the election and a facsimile of | 8 | | the signature of the clerk or
other officer who has caused the | 9 | | ballots to be printed. Immediately
above the words | 10 | | "CONSTITUTION BALLOT" in the case of a proposition for
the | 11 | | calling of a constitutional convention or a proposition to | 12 | | amend the Constitution the following legend shall be
printed in | 13 | | bold face type:
| 14 | | "NOTICE
| 15 | | THE FAILURE TO VOTE THIS BALLOT MAY BE IS THE EQUIVALENT OF | 16 | | A NEGATIVE VOTE , BECAUSE A CONVENTION SHALL BE CALLED OR THE | 17 | | AMENDMENT SHALL BECOME EFFECTIVE IF APPROVED BY EITHER | 18 | | THREE-FIFTHS OF THOSE VOTING ON THE QUESTION OR A MAJORITY OF | 19 | | THOSE VOTING IN THE ELECTION .
(THIS IS NOT TO BE CONSTRUED AS A | 20 | | DIRECTION THAT YOUR VOTE IS REQUIRED
TO BE CAST EITHER IN FAVOR | 21 | | OF OR IN OPPOSITION TO THE PROPOSITION HEREIN
CONTAINED.)
| 22 | | WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO | 23 | | THE
ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".
| 24 | | Immediately above the words "CONSTITUTION BALLOT" in the | 25 | | case of a
proposition to amend the Constitution the following | 26 | | legend shall be
printed in bold face type:
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| 1 | | "NOTICE
| 2 | | WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO | 3 | | THE
ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH."
| 4 | | If a proposition for the calling of a constitutional | 5 | | convention is
submitted at the same election as one or more | 6 | | propositions to amend the
constitution, the proposition for the | 7 | | calling of a constitutional
convention shall be printed at the | 8 | | top of the ballot. In such case, the
back or outside of the | 9 | | ballot shall be printed the same as if it were a
proposal | 10 | | solely to amend the constitution.
| 11 | | Where voting machines or electronic voting systems are | 12 | | used, the
provisions of this Section may be modified as | 13 | | required or authorized by
Article 24 or Article 24A, whichever | 14 | | is applicable.
| 15 | | (Source: P.A. 81-163 .)"; and
| 16 | | by deleting everything from line 11 on page 32 through line 6 | 17 | | on page 37; and | 18 | | on page 38, by replacing lines 2 and 3 with the following: | 19 | | "either in person or by absentee ballot, but fails to do | 20 | | so ; . "; and | 21 | | on page 38, by replacing line 6 with the following: |
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| 1 | | " not to have voted during the early voting period; or | 2 | | (6) The voter received an absentee ballot but did not | 3 | | return the absentee ballot to the election authority. "; and | 4 | | on page 39, line 19, by replacing "3" with " 6 3 "; and | 5 | | on page 42, immediately below line 22, by inserting the | 6 | | following:
| 7 | | "(10 ILCS 5/18A-15)
| 8 | | Sec. 18A-15. Validating and counting provisional ballots.
| 9 | | (a) The county clerk or board of election commissioners | 10 | | shall complete the
validation and counting of provisional | 11 | | ballots within 14 calendar days of
the day of the election. The | 12 | | county clerk or board of election commissioners
shall have 7 | 13 | | calendar days from the completion of the validation and
| 14 | | counting of provisional ballots to conduct its final canvass. | 15 | | The State Board
of Elections shall complete within 31 calendar | 16 | | days of the election or sooner
if all the returns are received, | 17 | | its final canvass of the vote for all public
offices.
| 18 | | (b) If a county clerk or board of election commissioners | 19 | | determines that all
of the following apply, then a provisional | 20 | | ballot is valid and shall be counted
as a vote:
| 21 | | (1) The provisional voter cast the provisional ballot | 22 | | in the correct
precinct based on the address provided by | 23 | | the provisional voter. The provisional voter's affidavit |
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| 1 | | shall serve as a change of address request by that voter | 2 | | for registration purposes for the next ensuing election if | 3 | | it bears an address different from that in the records of | 4 | | the election authority;
| 5 | | (2) The affidavit executed by the provisional voter | 6 | | pursuant to subsection
(b)(2) of Section 18A-5 contains, at | 7 | | a minimum, the provisional voter's first and last name, | 8 | | house number and street name, and signature or mark; and
| 9 | | (3) the provisional voter is a registered voter based | 10 | | on information
available to the county clerk or board of | 11 | | election commissioners provided by or
obtained from any of | 12 | | the following:
| 13 | | i. the provisional voter;
| 14 | | ii. an election judge;
| 15 | | iii. the statewide voter registration database | 16 | | maintained by the State
Board of Elections;
| 17 | | iv. the records of the county clerk or board of | 18 | | election commissioners'
database; or
| 19 | | v. the records of the Secretary of State ; and . | 20 | | (4) For a provisional ballot cast under item (6) of | 21 | | subsection (a) of Section 18A-5, the voter did not vote by | 22 | | absentee ballot in the election at which the provisional | 23 | | ballot was cast.
| 24 | | (c) With respect to subsection (b)(3) of this Section, the | 25 | | county clerk or
board of election commissioners shall | 26 | | investigate and record whether or not the specified information |
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| 1 | | is available from each of the 5 identified sources. If the | 2 | | information is available from one or more of the identified | 3 | | sources, then the
county clerk or board of election | 4 | | commissioners shall seek to obtain the
information from each of | 5 | | those sources until satisfied, with information from at least | 6 | | one of those sources, that the provisional voter is registered | 7 | | and entitled to vote. The county clerk
or board of election | 8 | | commissioners shall use any information it obtains as the
basis | 9 | | for determining the voter registration status of the | 10 | | provisional voter.
If a conflict exists among the information | 11 | | available to the county clerk or
board of election | 12 | | commissioners as to the registration status of the
provisional | 13 | | voter, then the county clerk or board of election commissioners
| 14 | | shall make a
determination based on the totality of the | 15 | | circumstances. In a case where the
above information equally | 16 | | supports or opposes the registration status of the
voter, the | 17 | | county clerk or board of election commissioners shall decide in
| 18 | | favor of the provisional voter as being duly registered to | 19 | | vote. If the
statewide voter registration database maintained | 20 | | by the State Board of
Elections indicates that the provisional | 21 | | voter is registered to vote, but the
county clerk's or board of | 22 | | election commissioners' voter registration database
indicates | 23 | | that the provisional voter is not registered to vote, then the
| 24 | | information found in the statewide voter registration database | 25 | | shall control
the matter and the provisional voter shall be | 26 | | deemed to be registered to vote.
If the records of the county |
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| 1 | | clerk or board of election commissioners indicates
that the | 2 | | provisional
voter is registered to vote, but the statewide | 3 | | voter registration database
maintained by the State Board of | 4 | | Elections indicates that the provisional voter
is not | 5 | | registered to vote, then the information found in the records | 6 | | of the
county clerk or board of election commissioners shall | 7 | | control the matter and
the provisional voter shall be deemed to | 8 | | be registered to vote. If the
provisional voter's signature on | 9 | | his or her provisional ballot request varies
from the signature | 10 | | on
an otherwise valid registration application solely because | 11 | | of the substitution
of initials for the first or middle name, | 12 | | the election authority may not reject
the provisional ballot.
| 13 | | (d) In validating the registration status of a person | 14 | | casting a provisional
ballot, the county clerk or board of | 15 | | election commissioners shall not require a
provisional voter to | 16 | | complete any form other than the affidavit executed by the
| 17 | | provisional voter under subsection (b)(2) of Section 18A-5. In | 18 | | addition,
the
county clerk or board of election commissioners | 19 | | shall not require all
provisional voters or
any particular | 20 | | class or group of provisional voters to appear personally | 21 | | before
the county clerk or board of election commissioners or | 22 | | as a matter of policy
require provisional voters to submit | 23 | | additional information to verify or
otherwise support the | 24 | | information already submitted by the provisional voter.
The | 25 | | provisional voter may, within 2 calendar days after the | 26 | | election, submit
additional information to the county clerk or |
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| 1 | | board of election commissioners.
This information must be | 2 | | received by the county clerk or board of election
commissioners | 3 | | within the 2-calendar-day period.
| 4 | | (e) If the county clerk or board of election commissioners | 5 | | determines that
subsection (b)(1), (b)(2), or (b)(3) does not | 6 | | apply, then the provisional
ballot is not valid
and may not be | 7 | | counted. The provisional ballot envelope containing the ballot
| 8 | | cast by the provisional voter may not be opened. The county | 9 | | clerk or board of
election commissioners shall write on the | 10 | | provisional ballot envelope the
following: "Provisional ballot | 11 | | determined invalid.".
| 12 | | (f) If the county clerk or board of election commissioners | 13 | | determines that a
provisional ballot is valid under this | 14 | | Section, then the provisional ballot
envelope shall be opened. | 15 | | The outside of each provisional ballot
envelope shall
also be
| 16 | | marked to identify the precinct and the date of the election.
| 17 | | (g) Provisional ballots determined to be valid shall be | 18 | | counted at the election authority's central ballot counting | 19 | | location and shall not be counted in precincts. The provisional | 20 | | ballots determined to be valid shall be added to the
vote
| 21 | | totals for the precincts from which they were cast in the order | 22 | | in which the
ballots were opened.
The validation and counting | 23 | | of provisional ballots shall be subject to the
provisions of | 24 | | this Code that apply to pollwatchers.
If the provisional | 25 | | ballots are a ballot of a punch card
voting system, then the | 26 | | provisional ballot shall be counted in a manner
consistent with |
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| 1 | | Article 24A. If the provisional ballots
are a ballot of optical | 2 | | scan or other type of approved electronic voting
system, then | 3 | | the provisional ballots shall be counted in a manner consistent
| 4 | | with Article 24B.
| 5 | | (h) As soon as the ballots have been counted, the election | 6 | | judges or
election officials shall, in
the presence of the | 7 | | county clerk or board of election commissioners, place each
of | 8 | | the following items in a separate envelope or bag: (1) all | 9 | | provisional
ballots, voted or spoiled; (2)
all provisional | 10 | | ballot envelopes of provisional ballots voted or spoiled; and
| 11 | | (3) all executed affidavits
of the provisional ballots voted or | 12 | | spoiled.
All provisional ballot envelopes for provisional | 13 | | voters who have been
determined
not to be registered to vote | 14 | | shall remain sealed. The county clerk or board of
election | 15 | | commissioners shall treat the provisional ballot envelope | 16 | | containing
the written affidavit as a voter registration | 17 | | application for that person for
the next election and process | 18 | | that application.
The election judges or election officials | 19 | | shall then
securely
seal each envelope or bag, initial the | 20 | | envelope or bag, and plainly mark on the
outside of the | 21 | | envelope or bag in ink the precinct in which the provisional
| 22 | | ballots were cast. The election judges or election officials | 23 | | shall then place
each sealed envelope or
bag into a box, secure | 24 | | and seal it in the same manner as described in
item (6) of | 25 | | subsection (b) of Section 18A-5. Each election judge or | 26 | | election
official shall take and subscribe an oath
before the |
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| 1 | | county clerk or
board of election commissioners that the | 2 | | election judge or election official
securely kept the
ballots | 3 | | and papers in the box, did not permit any person to open the | 4 | | box or
otherwise touch or tamper with the ballots and papers in | 5 | | the box, and has no
knowledge of any other person opening the | 6 | | box.
For purposes of this Section, the term "election official" | 7 | | means the county
clerk, a member of the board of election | 8 | | commissioners, as the case may be, and
their respective | 9 | | employees.
| 10 | | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | 11 | | 94-1000, eff. 7-3-06.)"; and
| 12 | | on page 48, by replacing lines 11 through 23 with the | 13 | | following: | 14 | | " I understand that this ".
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